South Africa Case Law

De Kock v Minister of Water Affairs and Forestry and Others (CCT 30/05)

De Kock v Minister of Water Affairs and Forestry and Others (CCT 30/05) [2005] ZACC 12; 2005 (12) BCLR 1183 (CC) (26 September 2005)

Court

Constitutional Court

Case number

CCT 30/05

Judges

Langa, Moseneke, Mokgoro, Ngcobo, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court refused direct access in an environmental-rights case, finding the applicant had not met Rule 18 requirements, though it noted the matter’s public interest.

• Section 24 Environmental Rights
• Section 25 Property Rights
• Direct Access Requirements
• Failure To Prosecute
• Public Interest Litigation
• Direct-access

S v Mercer (CCT43/03)

S v Mercer (CCT43/03) [2003] ZACC 22; 2004 (2) SA 598 (CC); 2004 (2) BCLR 109 (CC); 2004 (1) SACR 1 (CC) (24 November 2003)

Court

Constitutional Court

Case number

CCT43/03

Judges

Chaskalson, Langa, Ackermann, Madala, Mokgoro, Moseneke, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court held that condonation for late filing of the application for leave to appeal could not be granted as there were no prospects of success on the merits. The applicant's challenge to the Problem Animal Control Ordinance, 1957 was irrelevant as he was not convicted under that ordinance, and no legally relevant relationship was established between the 1957 and 1974 Ordinances. The challenge to the Nature and Environmental Conservation Ordinance, 1974 was without substance, as the High Court had already found that any limitation of rights was justified and the applicant did…

Source excerpt

• Permit System For Wildlife
• Constitutional Validity Of Ordinance
• Fair Trial Rights
• Administrative Action Review
• Section 24 Environmental Rights